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Ohio Questions & Answers
1 Answer | Asked in Car Accidents for Ohio on
Q: Can I file a lawsuit against the city of Cleveland for negligence in a car accident leaving my vehicle totalled?

My vehicle was totalled when another driver crossed the median.

I can obtain a police report.

The other driver didn't show any Drivers License and their car was uninsured. the other vehicle did not have any plates/tags.

The other driver claimed to have been a mechanic taking... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 7, 2020

An Ohio attorney could advise best, but you await a response for a week, and you may need to get moving in filing notices of claim with your insurance carrier if you are able to take that route. It does not look like you have a basis for an action against the City of Cleveland, unless it was a... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Ohio on
Q: Can one heir sue the other heir for their share of an estate?

My mother put her estate in her kids name. Some of the kids signed off their shares. Can the remaining kid sue the other for their share?

Joseph Jaap
Joseph Jaap answered on Apr 7, 2020

It depends on all the facts of the situation and how your mother did that. Use the Find a Lawyer tab to retain a local probate attorney to review the situation and advise you.

2 Answers | Asked in Immigration Law for Ohio on
Q: My neighbor is an 18 year old female who was adopted from Russia when she was about two years old. She lives in Avon OH

She wanted to apply for a passport to travel to Canada in June but learned she needed to submit various documentation for this. She found the necessary paper at home and learned that her Permanent Residency Card had expired in 2012. She mailed this in and now is waiting for a response. Should she... Read more »

Yanky Perelmuter
Yanky Perelmuter answered on Apr 7, 2020

She will need to retain a lawyer to properly determine the best options for her. She may or not be a U.S. citizen and there are many factors to consider when determining which process she should take.

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1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Juvenile Law for Ohio on
Q: How do I "counteract", as quickly as possible, to an ex parte that was granted based entirely on false statements?

There's proof that all statements made against me, which the other party signed, notarized & filed through the courts, are entirely false. Not 1 sentence stated has any truth. They were deliberate lies told by my son's paternal grandmother & my son's father, (who legally has no rights due to no... Read more »

Matthew Williams
Matthew Williams answered on Apr 6, 2020

Well you start by documenting everything. You need people on your side who saw the things you saw. But you also have to be realistic. You need a lawyer on your side and that’s going to cost. Think of the situation you’re in now and what you want to interrupt your peaceful life and get involved.... Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for Ohio on
Q: Am I able to sue my employer?

My employer texted me telling me that I need to keep my “damn” mouth shut about my pay (he has an open pay policy everyone knows about). He also said he’ll sleep just fine at night if my ungrateful attitude is gone forever. He told me that he would terminate me, “because in Ohio I don’t... Read more »

James J. Hux
James J. Hux answered on Apr 6, 2020

This could be considered retaliation, but you need to talk to an employment attorney in more detail. Some will offer free initial consultations.

Attorney James J Hux

Hux Law Firm LLC

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1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: Question about Summary Release From Administration form and whether to check box

If my brother only had money in a bank account, do I check the first box about "The delivery to the applicant of decedent's personal property set forth in the application with the title to that property."? And if so, what title are they talking about? There is no title to money in a bank account... Read more »

Paul Kellogg
Paul Kellogg answered on Apr 6, 2020

They are referencing tangible personal property such as household items and his vehicle.

His bank account is listed at the bottom of Form 5.6 where the Entry provides instructions to financial institutions.

1 Answer | Asked in Employment Law for Ohio on
Q: I am a part-time OT working in a SNF in Ohio. I have 6y of exemplary work history with the same company. I am also

currently a full-time graduate student. My sons school closed and my child care provider is closed. I requested 2 weeks leave to care for my son and find alternative childcare. There are other OTs available to cover my caseload until I can return. My employer threatened to report me to state for... Read more »

Neil Klingshirn
Neil Klingshirn answered on Apr 6, 2020

Under the new Paid Sick Leave Act and Emergency Paid Family and Medical Leave Act you should be eligible for paid time off to care for your son while his school is closed and no caregiver is available. Your employer can pay for the paid leave with a tax credit. In addition, your employer cannot... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: My sister died in 2013. Her kids had to go live with their dad. My nephew is now 16 and no longer wants to live with

his father.He wants to live with his mom side of the family. We have been to court once and they granted visitation rights. The reason he wants to live with us is because his dad will not follow them and will not allow us to be active in his life. He wants to be emancipated. Is this possible in... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Apr 6, 2020

You cannot be emancipated in Ohio. It is possible, but difficult, for a non-parent to be granted custody of a minor child. Parents may be denied custody only if a preponderance of the evidence indicates abandonment, contractual relinquishment of custody, total inability to provide care or support,... Read more »

1 Answer | Asked in Education Law for Ohio on
Q: Can my 18 year old that is still in high school move out of my home without my consent?
Matthew Williams
Matthew Williams answered on Apr 5, 2020

Yes. An 18 year old is an adult and can move where he or she pleases. As long as they remain in high school, you are legally required to put a roof over their head if they want it, but they are not required to stay.

1 Answer | Asked in Traffic Tickets for Ohio on
Q: Ok my boyfriend got a ticket the other night for a brake light out and for proof of insurance, and for his lost lisence
Matthew Williams
Matthew Williams answered on Apr 5, 2020

And what is your question? He needs to get his license and insurance situation squared away.

1 Answer | Asked in Products Liability, Car Accidents and Small Claims for Ohio on
Q: I need to know if I have a chance, or if I should just pay her what she is asking.

An ex-gf of mine is trying to sue my in small court for around 2,000 dollars for damage of her car. When we were together I was driving her car and backed into a pole. She said it was fine. I messaged her telling her I was sorry, I’d help her with it, and all of that, which she has messages... Read more »

Matthew Williams
Matthew Williams answered on Apr 5, 2020

Since she had and didn’t use insurance, she has failed to mitigate her damages and could should have some trouble if you argue that in court. From a practical stand point, is $1500 a fair estimate of the damage? Can you afford it reasonably easily? Because it’s probably both the right thing to... Read more »

1 Answer | Asked in Civil Rights for Ohio on
Q: someone bought my place on a sheriff action when they showed up out no where with no papers stating he bought it

said we had 5 days to move out so I stayed because he never gave me legal papers to show me that he really bought my landed an show up again an put a paper on my door stating ton move again that wasn't a real court paper

Matthew Williams
Matthew Williams answered on Apr 5, 2020

You might want to call the sheriff or courts and find out if he’s legitimate

1 Answer | Asked in Employment Law for Ohio on
Q: can I be terminated if, employer says to work from home 3 weeks later disconnected the my work cell I need to do my job

I am also currently on FMLA because I have autoimmune disease

HR was on the email my boss sent me saying I was refusing to work. Even though I offered suggestions like having IT remotely add the phone app to my computer or have the calls go to voicemail and I return the calls using my... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Apr 5, 2020

If you are on FMLA you cannot be terminated as you are not supposed to be working anyway. If they terminate you while you are on leave you have several causes of action against your employer.

1 Answer | Asked in Civil Rights for Ohio on
Q: What are my legal rights as tenant in Cincinnati Ohio if I can't afford my rent any more due to loss of job due covid19

Most recently laid off due to covid19 pandemic. Girlfriend hours reduced 50%(roommate). We can no longer afford the rent and asked the landlord if we can pro rate our rent until this pandemic passes. They said no by law they are not required to. We even suggested that they can apply rent we can't... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Apr 5, 2020

Any federally subsidized housing through HUD has restrictions on evictions through April. Otherwise it's business as usual and the landlord has discretion as to whether they will evict.

1 Answer | Asked in Family Law for Ohio on
Q: My ex took my daughter for visitation now won’t give her back and he stopped communication with her we have court order
Nicholas P. Weiss
Nicholas P. Weiss answered on Apr 5, 2020

If he is in violation of your court order then the process is to file a motion to show cause why he should not be sanctioned by the court. An attorney can help you with this nd he can potentially be required to pay any fees associated with filing the motion.

2 Answers | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: Wife wants me to relinquish rights in disillusion. Should i?

My wife requested that I relinquish the rights to my daughter so that she can get better benefits and I wouldn't have to pay support. We live in Ohio. This doesn't sound right. Everything I have found says she would need someone to adopt and I would never see my baby again. Also I would end up... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Apr 5, 2020

Unless another person adopts your daughter you will still pay child support.

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1 Answer | Asked in Copyright for Ohio on
Q: Does a website have to be predominantly news reporting in order to qualify for section 107 the fair use copyright act?

For example, a website that does news reports about consumer equipment but also posts other articles and how-to's - does this mean they don't qualify for the fair use doctrine above?

Barbara Berschler
Barbara Berschler answered on Apr 4, 2020

You ask an interesting question concerning "fair use" in the context of copyright protection. Copyright protects the expression of an idea, not the idea itself. So, you can write articles on any subject provided you express the "ideas" in the articles in your own words. The issue of fair use... Read more »

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Im 19 My grandma has guardianship of me can I move out as long as I have a place to go and a way to school and work
Joseph Jaap
Joseph Jaap answered on Apr 3, 2020

If the guardianship ends, you can make your own decisions. Talk to her or use the Find a Lawyer tab to confer with a local attorney who handles guardianships in the probate court. Check the probate court web site for more information.

1 Answer | Asked in Child Custody for Ohio on
Q: Father keeping child from me

I’m in Ohio and my daughters father is on the Birth Certificate. Is there anyway I can get her back besides taking him to court? I can’t afford a lawyer right now

Joseph Jaap
Joseph Jaap answered on Apr 3, 2020

It does not matter that his name is on the birth certificate. If you are not married to the father, then you automatically have sole legal custody of your child. The father has no parental rights unless and until the father files with the court, and the court grants him parental rights. Contact... Read more »

1 Answer | Asked in Child Support for Ohio on
Q: If I'm married to the kids mother why do they still take child support out of my checks
Tonya VanBenschoten
Tonya VanBenschoten answered on Apr 3, 2020

Likely because there is a child support order that has been issued. Did you get notice from CSEA? If the two of you are still living together then child support would not be proper. If you're living separately, then the order will issue as it will be assumed that you are not providing support.... Read more »

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